HomeMy WebLinkAbout9B - Amendment To Zoning Map
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
INTRODUCTION:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
APRIL 5, 2004
98
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF AN AMENDMENT TO
THE PRIOR LAKE ZONING MAP TO REZONE 5
ACRES FROM R-3 TO C-3 ON PROPERTY
LOCATED ON CSAH 21 BETWEEN WEST AVENUE
AND DULUTH AVENUE
{Case File #04-37}
Historv: The City Council initiated a Zoning Map
Amendment to change the use district from R-3
(Medium Density Residential) to C-3 (Specialty Retail)
on property located on CSAH 12 between West Avenue
and Duluth Avenue. The property is designated C- TC
(Town Center Commercial) on the 2020
Comprehensive Land Use Plan Map.
On August 18, 2003, the City Council approved a
resolution amending the 2020 Comprehensive Land
Use Plan Map to designate the subject property C- TC
(Town Center Commercial). The Metropolitan Council
deemed the amendment consistent with the regional
plan on September 10, 2003.
The Planning Commission held a public hearing on
March 22, 2004, and unanimously recommended
approval of the rezoning. The Commission heard
testimony from four property owners who were
concerned about the impacts of commercial zoning on
the neighborhood. A copy of the meeting minutes is
attached.
Current Circumstances: The property is currently void
of structures. Numerous trees blanket the site, and a
wetland is present in the northwest corner of the
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Phone 952.447.4230 / Fax 952.447.4245
property. The following are the physical characteristics
of the subject property.
Total Site Area: The total site is 5 acres. The net
acreage, excluding wetland and storm water pond, is
4.536 acres.
Topooraphv: The topography of this site rises 34' from
the low point (the wetland) on the west to the highest
elevation, 964.6' MSL, at the center of the site. The
property then slopes to the east with an elevation of
936' at Duluth Avenue.
Veoetation: This site includes numerous stands of
trees. Development on the site is subject to the Tree
Preservation requirements of the Zoning Ordinance.
The Tree Preservation Ordinance allows removal of 25
percent of the total caliper inches for grading and
utilities, and removal of an additional 25 percent of the
total caliper inches for building pads without tree
replacement. Removal of additional caliper inches
requires replacement at a rate of 1/2 caliper inch for
each caliper inch removed. Initial calculations indicate
tree replacement is required.
Wetlands: There is a 12,737 square foot wetland
located at the northwest corner of the site. There is
also an existing 7,601 square foot NURP pond located
along West Avenue on the west side of the property.
Access: Access to the site is from West Avenue on the
west side of the property. There is an existing private
street, Racine Street, which provides access to two
houses southwest of the site.
Adiacent Zonino and Land Use Plan desionations: The
following table details adjacent zoning and
comprehensive plan designations:
Zoning Land Use Plan
North R-1, Low Density R-UMD, Urban
Residential Low/Medium Density
South R-2, Low-Medium R-UMD, Urban
Density Residential Low/Medium Density
East R-2, Low-Medium R-UMD, Urban
Density Residential Low/Medium Density
West R-1, Low Density R-UMD, Urban
Residential Low/Medium Density
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Issues: In anticipation of the property developing for a
commercial use, the zoning map must be amended to
be consistent with the C- TC land use designation on
the 2020 Comprehensive Land Use Plan Map. Thus,
the property must be rezoned to C-3 because this use
district is consistent with the C- TC comprehensive plan
land use designation.
"The purpose of the lC-3' Specialty Use Business Use
District is to provide for a variety of commercial and
residential uses within the framework of a traditional
downtown area." Permitted uses in the C-3 use district
include retail, offices, services, hotels/motels, and
showrooms. A specific use has not yet been
established for the property.
Zonina Ordinance Amendment Findinas
Section 1108.600 of the Zoning Ordinance identifies the
following policies for amendments to the Official Zoning
Map:
· The area, as presently zoned, is inconsistent with
the policies and goals of the Comprehensive Plan, or
the land was originally zoned erroneously due to a
technical or administrative error, or
· The area for which rezoning is requested has
changed or is changing to such a degree that it is in the
public interest to rezone so as to encourage
redevelopment of the area, or
· The permitted uses allowed within the proposed Use
District will be appropriate on the subject property and
compatible with adjacent properties and the
neighborhood.
The current R-3 zoning of the property is inconsistent
with the C- TC land use designation on the 2020
Comprehensive Land Use Plan Map. The proposed C-
3 zoning is the only zoning use district consistent with
the C-TC designation. Accordingly the zoning map
amendment will carry out the goals, objectives, and
policies set forth in the comprehensive plan.
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CONCI IISION.
In conclusion, the Zoning Map Amendment will allow
the property to be rezoned from R-3 to C-3. The
proposed C-3 use district is consistent with the 2020
Comprehensive Land Use Plan Map. Based upon the
findings set forth in this report, the Planning
Commission recommends approval.
AI TFRNATIVFS:
The City Council has two alternatives:
1. Adopt an ordinance approving the rezoning as
proposed.
2. Defer consideration of this item and provide staff
with specific direction.
RFCOMMFNnFn
ACTION.
Staff recommends Alternative #1. This action requires
the following motion:
RFVIFWFn RV:
1. A motion and second adopting an ordinance
rezoning the property located on CSAH 12 between
West Aver :d Duluth Avenue to C-3 (Specialty
1J:il). ..
Fran oyl s City Manager
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO. 04-XX
AN ORDINANCE AMENDING SECTION 1101.700 OF PRIOR LAKE CITY
CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE
MOTION BY:
SECOND BY:
The City Council of the City of Prior Lake does hereby ordain:
1. The Prior Lake Zoning Map, referred to in Prior Lake City Code Section
1101.700, is hereby amended to change the zoning classification of the
following legally described property to C-3 (Specialty Retail).
LEGAL DESCRIPTION:
All that part of the Northeast Quarter of the Northwest Quarter
and the Northwest Quarter of the Northeast Quarter and that part
of Government Lot 1, all in Section 2, Township 114, Range 22,
Scott County, Minnesota, described as follows:
Beginning at a point on the west line of Block 16, Prior Lake,
distant 145.00 feet north of the southwest corner of said Block 16;
thence westerly to the northwest corner of Lot 2, Block 2, West
Side Addition to Prior Lake; thence continuing westerly along the
north line of Block 2, West Side Addition to Prior Lake, to the
northeast corner of Lot 10, Block 2, of said plat; thence northerly
along the northerly extension of the east line of said Lot 10, to the
southerly right-of-way line of County Road No. 21; thence
southeasterly along said southerly right-of-way line to the
intersection with the west line of said Block 16, Prior Lake; thence
southerly along said west line of Block 16, to the point of
beginning. Excepting therefrom the east 73.00 feet.
And
Commencing at the northwest corner of Lot 14, Block 2, West
Side Addition to Prior Lake; thence North on the northerly
extension of the west line of said Lot 14 a distance of 100.00 feet
to the point of beginning of the land to be described; thence
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WWW.cltyopnorae.com
Page 1
Phone 952.447.4230 / Fax 952.447.4245
continuing north along said northerly extension of said west line to
the southerly right-at-way line at County Road No. 21; thence
southeasterly along said right-ot-way line to its intersection with
the northerly extension of the east line of Lot 10 in said Block 2;
thence southerly along said northerly extension to a point distant
100.00 teet northerly of the northeast corner of said Lot 10 in said
Block 2; thence westerly to the point of beginning.
And
That part of the North Half of Section 2, Township 114, Range 22
and Lot A, Block 2, West Side Addition, in the Village of Prior
Lake, Scott County, Minnesota, described as follows:
Beginning at a point 207.7 feet west and 5 feet south of the
southwest corner of Block 16, in said Village; thence north parallel
with the west line of Block 16, 150 feet; thence west 30 feet;
thence south 150 feet; thence east 30 feet to the point of
beginning.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 5th day of April, 2004.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
,2004.
Drafted By:
Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
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Page 2
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Planning Commission Meeting
Date
PLANNING COMMISSION MINUTES
MONDAY, MARCH 22, 2004
1. Call to Order:
Commissioner Lemke called the March 22, 2004, Planning C ission meeting to order
at 6:35 p.m. Those present were Commissioners Lemke, P ez and Ringstad, Planning
Coordinator Jane Kansier, Planner Cynthia Kirchoff, A Istant City Engineer Larry
Poppler and Recording Secretary Connie Carlson.
Atwood
Lemke
Perez
Ri stad
Absent
Present
Present
Present
Absent
2. Roll Call:
3.
The Minutes from e March 8, 2004, Planning Commission meeting were approved as
presented.
4. Co None
_/
5. /'Public Hearings:
., "
Commissioner Lemke read the Public Hearing Statement and opened the meeting.
...... A. Case #04-37 An amendment to the City oCPrior Lake Zoning Map on
approximately 5 acres oC land located on the south side oC CSAH 21, ~ block north
oCColorado Street, directly west oCDuluth Avenue and east oCWest Avenue, Crom
R-3 (Medium Density Residential) to C-3(Town Center).
Planner Cynthia Kirchoff presented the Planning Report dated March 22, 2004, on file in
the office of the City Planning Department.
The City Council initiated a Zoning Map Amendment to change the use district from R-3
(Medium Density Residential) to C-3 (Specialty Retail) on property located on CSAH 12
between W est Avenue and Duluth Avenue. The property is designated C- TC (Town
Center Commercial) on the 2020 Comprehensive Land Use Plan Map.
On August 18,2003, the City Council approved a resolution amending the 2020
Comprehensive Land Use Plan Map to designate the subject property C-TC (Town
Center Commercial). The Metropolitan Council deemed the amendment consistent with
the regional plan on September 10,2003.
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The proposed use district is consistent with the 2020 Comprehensive Land Use Plan Map.
Based upon the findings set forth in this report, staff recommends approval.
Ringstad asked if there were any proposed development plans for the property. Kirchoff
said staff did not receive an application for a building permit or any other application.
Ringstad asked if there were any special zoning restrictions because part of the property
is in the Shoreland District. Kirchoff responded the applicants would have to adhere to
the zoning requirements. Only 75% of the site can be covered with hard surface as it is a
commercial use in addition to the C3 standards.
Comments from the public:
Bob Beck, 5438 Fairlawn Shores Trail, questioned the uses in the CT District as he owns
property on the adjoining Racine Street. Kirchoff summarized with the uses. Beck felt it
was odd the two properties on Racine were not part of the rezoning. He also said he
would like a buffer or berm between the zoning districts. He did not want a fast food
restaurant near his property. Kansier responded to Beck's concerns. Staff cannot
guarantee the type of uses, whatever is permitted. Beck questioned ifhis adjoining
property could be part of the rezoning. Kansier explained the procedure.
Dan Swanson, 16130 West Avenue felt the rezoning does not fit the area. He did not see
the need to rezone, there would be a lot of congestion with traffic. Residents on Colorado
would loose their view and back yards.
Wendlyn Tillie, 4280 Colorado Street, questioned the value of the property or can the
residents buy the property. West Avenue is congested with all the people fishing in the
summer. She didn't buy her house to live downtown.
Becky Vossen, 16220 West Avenue, said she likes walking down to the pond with her
children. Prior Lake is built up enough. She agreed with Swanson with businesses
leaving Prior Lake. She suggested the City buy the property to leave the property alone.
There are enough commercial areas in Prior Lake.
The public hearing was closed at 6:52 p.m.
Comments from the Commissioners:
Ringstad:
This property was looked at last summer with a Comprehensive Plan. The Planning
Commission along with City Council changed the designation.
The present zoning is not in sync with the current Comp Plan.
There is no immediate plans to build at this time.
As far as buying the property, we don't know if its for sale.
The City is making the zoning consistent with the Comprehensive Plan.
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Support changes.
Perez:
There was another forum for public opinion.
Agreed with Ringstad this has to be in sync with the Comp Plan.
The designation is a better fit.
Approve amendment.
Lemke:
Agreed with Commissioners. He understands the residents concern. The City Council
already changed the designation to Town Center. There is not a lot of options at this
point.
As Planning Commissioners we do not have the say in buying property.
Perez:
We have met with the city Council regarding the future of PL and expansion. An outside
consultant came in and assessed the area.
The growth with annexation - this is long term thinking of what the City can support.
Eventually this will be a good use.
Ringstad:
Explained the 2020 Comprehensive Plan.
Nobody is being asked to do anything different with their homes.
MOTION BY RINGSTAD, SECOND BY PEREZ, TO RECOMMEND APPROVAL
OF THE ZONrnG ORDrnANCE AMENDMENT TO CHANGETHEZONrnGFROM
R-3 TO C-3.
Vote taken indicated ayes by all. MOTION CARRIED.
This item will go before the City Council on AprilS, 2004.
6. Old Business:
A. Case #04-09 & 10 Wens man omes is requesting a Final PUD Plan and a
Final Plat consisting of 18.66 acre 0 be subdivided into lots for 124 townhouse
units, common open space an arkland. This property is located on the east side of
CSAH 83 and west of Wi Drive.
Planning Coordin r Jane Kansier presented the Planning Report dated March 22, 2004,
Ice of the City Planning Department.
Wens Realty has applied for approval of a Planned Unit Development Final Plan for
the operty located west of Wilds Drive, south of Cougar Path and east of CSAH 83.
e proposal calls for a townhouse development consisting of 124 townhouse units and 1
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